12 | Opinion Let us be selfless in safeguarding the law bad of the laws. The overriding motivation, after two decades of failed F attempts at constitutional revolution, was a better democratic nation governed by the rule of law, equality and respect for institutions. The Constitution has also been praised as one of the most progressive on the continent. Devolution of power and resources to the 47 counties is no doubt the most important change. It has, however, not been a smooth transition. The most glaring examples that things may not be working as expected is the auditorgeneral’s reports questioning expenditure and the health crisis facing various counties. Then there are institutional reforms that appear to be moving at a slow pace. The police have, for instance, failed to clean their sullied image while the Ethics and Anti-Corruption Commission appears to be stuck in a crisis mode. Anticipated changes Parliament also appears to have failed to pass Bills within the set limit and could be asking for more time. This, we urge, should be done in good faith and not to stone-wall anticipated changes. The end of the first five years should be seen as one step in what is going to be a long journey. It is, therefore, time to take stock and make necessary adjustments that will give life to a document meant to help the country address its socio-economic and political challenges. The next phase will take many years, requiring less talk but demanding more action to strengthen institutions and address intractable problems. Without a doubt, the institutions we have painstakingly taken our time and resources to establish will amount to nothing in the absence of the rule of law. The law should be the tool for governing the country, as opposed to being governed by arbitrary decisions of individual government officials. Observing the rule of law will ensure equality and equitable enjoyment of the fruits of the Constitution so that we do not go back to the period after the 2007 General Election when so many innocent Kenyans lost their lives. In addition, it is important to pay attention to the Agenda Four items crafted after the political and ethnic violence. The enduring lesson should be that realising the full potential of the Constitution, which took years to bring to life, will not come through considering selfish or shortterm interests. especially where lucrative tenders are involved. The cast is usually different but the script remains eerily Resolve tender disputes fast F the same: Those who make it to the final stages of tendering will often never let go until they have launched some form of scathing battle against the opponents. This includes going to the media, to Parliament and to the Public Procurement Oversight Authority. As reported elsewhere in this newspaper, there is an ongoing war over the supply of “smart” vehicle number plates with high-tech security features. The matter is yet to be determined. But, in general, while those who are aggrieved always have a right to seek redress, it is time to reflect on whether the current provisions are serving national interest. President Uhuru Kenyatta has repeatedly complained about cartels that always interfere with government procurement whenever they, or their networks, lose out. It would be important to establish a clear mechanism for even faster resolution of matters that may need arbitration – without unnecessarily keeping matters of national importance in never-ending suspense. More importantly, the “tender wars” must be seen in the broader context of the fight against corruption. QUOTED “Just because the father eats honey it does not mean the son’s mouth is sweet.” – Oromo proverb Disclaimer: ights over government tenders have, for years, been part of Kenya’s depressing narrative. Hardly a week passes before some form of tug-of-war is reported, This was not a scientific poll and the results represent purely anecdotal evidence gathered from randomly sampled taxi drivers THIS AND THAT | Murithi Mutiga Who’ll win the Tanzania election? Lowassa by a landslide, say the taxi drivers of Dar when you ask people in Tanzania for their political opinions, you don’t have to inquire after their ethnicity as well. Opinion polling in Kenya is S difficult because you have to ensure you don’t have too many members of any of the big five ethnic groups as to leave you with a hopelessly biased outcome. It’s different in Tanzania. Religion, regionalism and ethnicity, while undoubtedly factors in electoral decisions, do not represent the overwhelming consideration in choosing who to vote for in the way that ethnicity shapes the decisions of Kenyan voters. The biggest rally opposition leader Edward Lowassa has held so far was in Mwanza, in the Sukuma heartland of his rival, John Magufuli, where ecstatic crowds washed the tarmac road before his convoy passed through. Mr Lowassa is a Maasai, a group considered too small to produce a credible presidential candidate in Kenya. In this respect, at least, Tanzania has a more mature political culture than many democracies. So who do the taxi drivers of Dar es Salaam (the traditional guides to the local mood in any city) expect to be the next occupant of ikulu after the election on October 25? There is no doubt about it, said each of the nine drivers I have travelled with in the last few days in this coastal city. Lowassa is winning. Why? “Haogopi mtu,” offered Juma. “Akiona mtu amefanya makosa anamfukuza hapo hapo. Tunamuita mtu wa maamuzi magumu. ay what you like about Mwalimu Julius Nyerere but his biggest legacy is that Contractor akifanya masihara kwenye kandarasi anafukuzwa hapo hapo. Watu walipoona vile alitenda akiwa waziri mkuu wakasema, dah! Huyu tukimpatia urais je? (He is fearless. When he spots an errant official, he sacks them on the spot. We call him the man who makes tough decisions. If a road contractor is not fulfilling their obligations he cancels the contract immediately. When people examined his record as prime minister they thought, what if we make this man president?)” What are the locals most frustrated about in the ruling party? Many of the cab drivers said they simply want change. “Miaka hamsini hakuna mabadiliko,” said Hemed. “Huyu anachukua anamwachia mwingine, hivyo hivyo. Wananchi wanaendelea kupata taabu wachache wakitajirika (People want change. The incumbents have been in power for too long, benefiting only a narrow elite).” But isn’t this a view held only in the cities while CCM has historically been strong in the rural areas? “Hapana,” insisted Mohammed. “Hisia za mabadiliko zimetambaa nchi nzima. Lowassa watu wanampenda. Kitendo cha kukataliwa kule CCM kimewauma sana watu. Kimewauma rohoni. (No. The desire for change has spread across the country. The fact they denied the popular candidate, Lowassa, the ticket has caused a lot of anguish.)” Why is Lowassa popular? “Ni mtu anajali maskini,” said Bakari. “Alipokuwa waziri mkuu alihakikisha mtoto wa maskini pia anaweza kuenda shule ya kata. Sasa hivi ukiandikiwa dawa kwenye hospitali ya serikali unaambiwa uende ukanunue dukani. (He cares about the poor. During his time as PM, he ensured students from low-income households could access high school. Now, taxpayers are suffering and there’s no medicine in the hospitals.)” So will CCM concede defeat if they lose? “CCM haiwezi shindwa kwa karatasi,” said Abbas. “Wale ni mafia. Watataja matokeo hivi kisha mtu wao aapishwe hapo hapo. Kwani Kenya ilikuwa vipi? Lakini vijana wa Tanzania wa siku hizi si wale ungewanunua kwa T-shirt na kofia. Wamechoka na wanataka mabadiliko. Mimi naona mahakama ya kimatafa ikihamia Tanzania msimu huu. (CCM can’t accept defeat. They will announce a result favouring them and swear in their man, foreclosing any debate. That’s what happened in Kenya in 2007. But the young people are tired and want change. Their loyalty can no longer be purchased for the price of a T-shirt or cap. I see the ICC having to move in here very soon.)” *** Terms and conditions under which this survey data is consumed: *This was not a scientific poll and the results represent purely anecdotal evidence gathered from randomly sampled taxi drivers. *If the outcome is different on In this respect, Tanzania has a more mature political culture than many democracies” October 25, I can always claim ... two months is a long time in politics. mutiganews@gmail.com; Twitter: @mutigam ive years after the country’s sense of renewal on August 27, 2010 when a new Constitution was unveiled, the opportunity is perfect to reflect on the good and the SUNDAY NATION August 23, 2015